{
  "url": "https://openlegislation.uk/housing-benefit-and-council-tax-benefit-subsidy-order-1997/article-4",
  "json_url": "https://openlegislation.uk/housing-benefit-and-council-tax-benefit-subsidy-order-1997/article-4.json",
  "legislation": "uksi/1997/1004",
  "legislation_title": "The Housing Benefit and Council Tax Benefit (Subsidy) Order 1997",
  "legislation_url": "https://openlegislation.uk/housing-benefit-and-council-tax-benefit-subsidy-order-1997",
  "path": "article/4",
  "kind": "article",
  "number": "4",
  "heading": "Rebates and allowances",
  "text": "(1) Subject to any adjustment in accordance with paragraph (3), for the purposes of section 135(2) of the Act, an authority’s housing benefit subsidy for the relevant year shall, subject to paragraph (2), be—\n(a) in the case of an authority to which none of articles 5, 7, 8 and 9(1) to (3) apply, 95 per cent. of its housing benefit qualifying expenditure;\n(b) in the case of any authority to which at least one of those articles applies an amount equal to the aggregate of—\n(i) 95 per cent. of so much of its housing benefit qualifying expenditure as remains after deducting from total qualifying expenditure the amount of expenditure attributable to the rebates or allowances to which each of those articles which is relevant applies; and\n(ii) the appropriate amount calculated in respect of the rebates or allowances under each such article,\nplus, in each case, the additions, where applicable, under articles 9(5), 10 and 13(2), but subject, in each case, to the deductions, where applicable, under articles 12 and 13(3).\n(2) Where the authority is a Scottish corporation, its housing benefit subsidy for the relevant year shall include a further sum being—\n(a) in the case of an authority to which sub-paragraph (a) of paragraph (1) applies, 5.5 per cent. of its housing benefit qualifying expenditure, but subject to the relevant maximum specified in column (2) of Schedule 3; or\n(b) in the case of an authority to which sub-paragraph (b) of paragraph (1) applies, 5.5 per cent. of so much of its housing benefit qualifying expenditure as remains after the deductions set out in paragraph (1)(b)(i), but subject to the relevant maximum specified in column (2) of Schedule 3.\n(3) Where, during the relevant year there is a period overrun in respect of either rebates or allowances, or both, then the housing benefit subsidy for the authority for that year shall be adjusted by the deduction from the subsidy otherwise due under this article of—\n(a) an amount equal to the percentage, as calculated in accordance with paragraph 2 of Schedule 4, of that part of the housing benefit qualifying expenditure for that authority attributable to expenditure in respect of allowances to the extent that the overrun relates to allowances; and\n(b) an amount equal to the percentage, as calculated in accordance with paragraph 3 of Schedule 4, of that part of the housing benefit qualifying expenditure for that authority attributable to expenditure in respect of rebates to the extent that the overrun relates to rebates.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/1004/article/4",
    "retrieved_at": "2026-10-29T12:10:16.506195+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}